Author: Kate Fort

Assistant Secretary Washburn on the Passing of Billy Frank

Kate Fort2 Comments

Here.

Statement of Assistant Secretary – Indian Affairs Kevin Washburn

on the Passing of Billy Frank Jr.

  

WASHINGTON, D.C. – Assistant Secretary – Indian Affairs Kevin K. Washburn today issued the following statement on the passing of Billy Frank Jr., a member of the Nisqually Indian Tribe and chairman of the Northwest Indian Fisheries Commission in Washington State:

 “Billy Frank Jr. was an undaunted defender of and respected elder statesman for tribal treaty fishing rights.  For over 30 years he helped lead the fight to preserve and protect the salmon and its habitat in Western Washington, thereby ensuring it remains a vital part of Northwest tribal culture and the Pacific Northwest’s economy. 

 “His wisdom on the importance of conservation and the protection of natural resources has been recognized by all who love the great outdoors.  Thanks to his leadership and years of hard work, we can continue to appreciate the great gifts of nature that are still with us and the tribes of the Pacific Northwest can still rely on the salmon to sustain them for generations to come.

 “Thank you, Billy, for your tireless work for Indian Country and our nation.

 “On behalf of my office, the Bureau of Indian Affairs and the Bureau of Indian Education, we extend our condolences to the Nisqually Indian Tribe, the Northwest Indian Fisheries Commission, and to Mr. Frank’s family, friends and colleagues.”

 -DOI-

President Obama’s Statement on the Passing of Billy Frank Jr.

Kate Fort5 Comments

THE WHITE HOUSE
Office of the Press Secretary
FOR IMMEDIATE RELEASE
May 5, 2014

Statement by the President on the Passing of Billy Frank, Jr.

I was saddened to learn of the passing of Billy Frank, Jr. – Chairman of the Northwest Indian Fisheries Commission and a member of the Nisqually Indian Tribe. Billy fought for treaty rights to fish the waters of the Pacific Northwest, a battle he finally won in 1974 after being arrested many times during tribal “fish-ins”. Today, thanks to his courage and determined effort, our resources are better protected, and more tribes are able to enjoy the rights preserved for them more than a century ago. Billy never stopped fighting to make sure future generations would be able to enjoy the outdoors as he did, and his passion on the issue of climate change should serve as an inspiration to us all. I extend my deepest sympathies to the Nisqually Indian Tribe, and to Billy’s family, and to his many friends who so greatly admired him.

####

A Few Stories from Canada Over the Past Year

Kate Fort

I tend to tweet most articles about Canada and First Nations issues we follow, but here’s a post for Concurring Opinions collecting some of them together as an introduction for readers who are may be unfamiliar with the stories.

ABA’s Ranking of Judicial Candidates More Likely to Disadvantage Women and Minorities

Kate Fort

NY Times article here.

Original study here.

Article abstract:

This article uses two newly collected data sets to investigate the reliance by political actors on the external vetting of judicial candidates, in particular vetting conducted by the nation’s largest legal organization, the American Bar Association (ABA). Using these data, I show that minority and female nominees are more likely than whites and males to receive lower ratings, even after controlling for education, experience, and partisanship via matching. These discrepancies are important for two reasons. First, as I show, receiving poor ABA ratings is correlated with confirmation failure. Second, I demonstrate that ABA ratings do not actually predict whether judges will be “better” in terms of reversal rates. Taken together, these findings complicate the ABA’s influential role in judicial nominations, both in terms of setting up possible barriers against minority and female candidates and also in terms of its actual utility in predicting judicial performance.

New Proposed Rule for Fee to Trust in Alaska

Kate Fort1 Comment

Proposed Rule here.

SUMMARY: This proposed rule would delete a provision in the Department of the Interior’s land-into-trust regulations that excludes from the scope of the regulations, with one exception, land acquisitions in trust in the State of Alaska.

Related case here.

Press release requesting comments here.

No Bay Mills Decision This Week

Kate Fort1 Comment

Three opinions came down today, none of which were the Bay Mills decision. We did get Justice Ginsberg’s opinion (EPA v. EME Homer City) from the December sitting, however. The other two opinions were from the February sitting and both authored by Justice Sotomayor.  The previous discussion about what this may or may not mean is here.

There are no more opinion release days scheduled for this week.

Article on Birth Mother in Adoptive Couple Case Dropping Federal Suit

Kate Fort

Here.

In a statement Tuesday, Cherokee Nation Assistant Attorney General Chrissi Ross Nimmo said officials did not actively follow the suit because they were never served with a complaint, meaning they were unaware the case was closed until last week.

“We are pleased Ms. Maldonado and the unnamed plaintiffs voluntarily dismissed the suit,” she said. “We never believed the suit had any merit, and we’re prepared to actively defend the suit had we ever been served.”

Unpublished Placement Preferences Case out of California

Kate Fort

Troubling reasoning that if the Tribe did not ask for nor provide a placement, the court did not have to abide by ICWA placement preferences.

Here.

Indian Law Week at University of Montana, April 14-18

Kate Fort

Information and schedule here.

The University of Montana Native American Law Students Association will present Indian Law Week Monday through Friday, April 14-18. Short sessions related to Native American law topics will be held Monday through Wednesday on campus, and the all-day Indian Child Welfare Act Conference will be held Thursday and Friday at the Wingate by Wyndham Hotel, located at 5252 Airway Blvd. in Missoula.

All events are free and open to the public unless otherwise noted.

 

Survey and Analysis of Title IV-E Tribal-State Agreements

Kate Fort

Here.

From the ICWA NARF blog:

This report provides a detailed analysis of Title IV-E tribal-state agreements, which includes an overall summary of the status of current Title IV-E agreements, as well as a breakdown of the provisions that can be found in those agreements by subject matter. This report was prepared during a 14 month period between October 2012 and December 2013. It took into account 98 agreements representing 267 Indian Nations from 16 states that pass federal Title IV-E allowable costs to the tribes.  During that period, some agreements expired and new agreements were developed. Other agreements were replaced by direct funding programs pursuant to 42 U.S.C. § 679B. Thus, this report does not attempt to provide  definitive numbers of  current tribal-state agreements or their exact status.  Rather, its goal is to provide an overview of the substantive landscape of Title IV-E tribal-state agreements during a particular window of time.